Order of the General Court of 21 September 2011 - PPG and SNF v ECHA
(Actions for annulment - REACH - Identification of acrylamide as a substance of very high concern - Time-limit for bringing an action - Inadmissibility)
Language of the case: English
Parties
Applicants: Polyelectrolyte Producers Group GEIE (PPG) (Brussels, Belgium); and SNF SAS (Andrézieux-Bouthéon, France) (represented: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkila and W. Broere, Agents);
Interveners in support of the defendant: the Kingdom of the Netherlands (represented by: M. Noort et J. Langer, Agents); and the European Commission (represented by: P. Oliver and E. Manhaeve, Agents)
Re:
Application for annulment of the decision of the ECHA identifying acrylamide (EC No 201-173-7) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1) and including acrylamide in the candidate list for eventual inclusion in Annex XIV to the Regulation, taken pursuant to Article 59 thereof.
Operative part of the order
1. The application is dismissed as inadmissible.
2. Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS shall bear their own costs and those incurred by the European Chemicals Agency (ECHA).
3. The Kingdom of the Netherlands and the European Commission shall bear their own costs.
____________1 - OJ C 274, 9.10.2010.